Legal Question in Family Law in Illinois
Child support/parentage
I signed a paper in 1994 that says I am the father of a 12 yr. old. There is new evidence to suggest I am not the father. I need to know if I have a DNA test showing that I am not the biological father, can the state overturn the paper I signed and release all legal rights of me to the child? The paper was signed in Illinois, but the child support order is in Iowa, and all parties live in Iowa.
1 Answer from Attorneys
Re: Child support/parentage
There is an action to overcome paternity in Iowa but it looks difficult and expensive to litigate. As you signed an acknowledgement in Illinois, that leads me to believe that you would have a problem overcoming the following language in the statute:
2. This section does not apply to any of the following:
a. A paternity determination made in or by a foreign jurisdiction or a paternity determination which has been made in or by a foreign jurisdiction and registered in this state in accordance with section 252A.18 or chapter 252K.
the language from chapter 641B seems to suggest that if the paternity is established outside Iowa the action will be troublesome at best.
In addition you may have statute of limitations problems, and there is the best interest of the child to consider.
I suggest you take this up with an attorney and see whether there's any prospects for success.
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